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My wife is on L2 tied to my L1 staus. Her EAD expires early Feb. Renewal was applied early September 2019, but it's still not yet approved and we don't think we would be able to received the new card timely.
I understand the most common way to handle this would be to align with her employer for being put on leave of absence until the new card arrives, which per our lawyer and the current processing time, should be in no more than another 2 months. Or, a worse case scenario the employer request for a termination until the new EAD arrives.
Here's the biggest problem we are facing:
She's expected to deliver mid March. In case the new EAD doesn't arrive before the baby does, with leave of absence she loses the paid maternity leave and/or partially paid short term disability benefit, and if the employer decided on a termination and rehire, by the time the new EAD arrives she would be eligible for any of the maternity benefits becoz the baby would already be here when rehired.
So my question is: Is there a way for her to keep her maternity benefits with current employment even after the EAD expires? Can she go on leave of absence until delivery, but then start her maternity leave once the baby's here? Meaning does going on maternity leave complies with the requirement of "stop working"? Or does it have to be on leave of absence and without paid?
I hope I've explained our situation clearly. If she will lose all her paid maternity/disability leaves while we need to deal with having a new born in the house, it would really be a big disappointment and pressure for our family...
I understand the most common way to handle this would be to align with her employer for being put on leave of absence until the new card arrives, which per our lawyer and the current processing time, should be in no more than another 2 months. Or, a worse case scenario the employer request for a termination until the new EAD arrives.
Here's the biggest problem we are facing:
She's expected to deliver mid March. In case the new EAD doesn't arrive before the baby does, with leave of absence she loses the paid maternity leave and/or partially paid short term disability benefit, and if the employer decided on a termination and rehire, by the time the new EAD arrives she would be eligible for any of the maternity benefits becoz the baby would already be here when rehired.
So my question is: Is there a way for her to keep her maternity benefits with current employment even after the EAD expires? Can she go on leave of absence until delivery, but then start her maternity leave once the baby's here? Meaning does going on maternity leave complies with the requirement of "stop working"? Or does it have to be on leave of absence and without paid?
I hope I've explained our situation clearly. If she will lose all her paid maternity/disability leaves while we need to deal with having a new born in the house, it would really be a big disappointment and pressure for our family...
